Singh v Secretary, Dept of Family & Community Services [2001] FCA 1562

FEDERAL COURT OF AUSTRALIA

Singh v Secretary, Dept of Family & Community Services [2001] FCA 1562

MOHINDER SINGH v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES NO. V 130 OF 2001 BEAUMONT, KIEFEL & HELY JJ 8 NOVEMBER 2001 SYDNEY (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 130 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MOHINDER SINGH

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGES: BEAUMONT, KIEFEL AND HELY JJ

DATE OF ORDER: 8 NOVEMBER 2001

WHERE MADE: SYDNEY (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: 1. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 130 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MOHINDER SINGH

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGES: BEAUMONT, KIEFEL & HELY JJ

DATE: 8 NOVEMBER 2001

PLACE: SYDNEY (HEARD IN MELBOURNE)

REASONS FOR JUDGMENT

THE COURT: 1 This appeal was dismissed by the Full Court in a judgment of the Court given on 21 September 2001 (Singh v Department of Family and Community Services [2001] FCA 1281). At that time, costs were reserved with liberty granted to the parties to make any application in relation to costs by way of written submissions. Each party has now made written submissions which the Court has considered. 2 In our view, the appellant has failed to demonstrate any reason why the ordinary rule that costs follow the event should not apply in relation to the appeal. Accordingly, we order the appellant pay the respondent's costs of the appeal.